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Agenda 2013 01-07New Hanover County, North Carolina ak 0 - - m arw-- 6iM January 7, 2013 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship AGENDA %hm NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC WOODY WHITE, CHAIRMAN • BETH DAWSON, VICE -CHAIR JONATHAN BARFIELD, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • THOMAS WOLFE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD JANUARY 7, 2013 6:00 P.M. MEETING CALLED TO ORDER (Chairman Woody White) NON - SECTARIAN INVOCATION (Reverend Richard G. Elliott, Rector, St. Andrew's On- the -Sound Episcopal Church) PLEDGE OF ALLEGIANCE (Vice -Chair Beth Dawson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Adoption of Resolution Requesting the Designation of Port Enhancement Zones in New Hanover County 4. Appointment of Chairman of ABC Board 5. Approval of November 2012 Tax Collection Reports for New Hanover County and New Hanover County Fire District 6. Adoption of Budget Amendments 7. Consideration of Dates to Conduct a Budget Work Session 8. Appointment of Voting Delegate to the NCACC 2013 Legislative Goals Conference ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:10 p.m. 9. Public Hearing Special Use Permit (5 -611, 12/12) - Request by Joe Suleyman, Environmental Management Director to Obtain a Special Use Permit to Expand the New Hanover County Landfill onto Adjacent Properties (The properties are located within an I -2 Heavy Industrial District at 5200 and 5210 US Highway 421 North.) 6:50 p.m. 10. Consideration of New Hanover County Board of Education's Request for a School Resource Officer to be Placed in Every Elementary School PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 7:20 p.m. 11. Additional Items County Manager County Commissioners Clerk to the Board Board of Commissioners Meeting 01/07/2013 County Attorney 7:30 p.m. 12. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 01/07/2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 CONSENT ITEM: 1 DEPARTMENT: PRESENTER(S): Chairman White CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on December 13, 2012 Special Meeting held on December 14, 2012 Regular Meeting held on December 17, 2012 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 01/07/2013 1 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 CONSENT ITEM: 2 DEPARTMENT: PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following road and requesting the Board to adopt a resolution in support of adding the road to the state system: Saltcedar Drive located within the Edgewater Trace Subdivision (Phases 1 & 2) in New Hanover County (Division File No. 1187 -N). STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR -2 resolution. ATTACHMENTS: NCDOT Request Letter SR -2 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 01/07/2013 2 -0 r STATE OF NORTH CARoLiNA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR December 12, 2012 Ms. Sheila Schult, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Addition to the State System of Highways Dear Ms. Schult: EUGENE A. CON11, JR. SECRETARY RECEIVED DEC 14 2012 KHC Bocc This office is considering the addition of Saitcedar Drive located within the Edgewater Trace Subdivision (Phases 1 &2) in New Hanover County (Div. File No. 11 87-N) to the state system. After the Board's consideration please furnish this office with the current county resolution and official road name for our further handling. If we may be of further assistance, please call John Diaz at (910 -25'1 - 2555). Sin rely &, b01% Anthony aw District Engineer AWL:jdd Attachments: Copy of SR -1, NH County recorded map and locator maps 300 Division Drive; Wilmington, N.C. 28401, (910) 251 -2655 Board of Commissioners Meeting 01/07/2013 2 -1 -1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Saltcedar Drive located within the Edgewater Trace Subdivision (Phases 1 & 2) in New Hanover County (Division File No. 1187 -N). WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System,. and WHEREAS, the Board of County Commissioners is of the opinion that the above described roads) should be added to the Secondary Road System, if the roads) meets minimum standards and criteria established by the Division ofHighways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the roads) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 7 th day of Janua , 2013. WITNESS my hand and official seal this the 7 th day of Janua , 2013. Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners Meeting 01/07/2013 2 -2 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 CONSENT ITEM: 3 DEPARTMENT: Governing Body PRESENTER(S): Rick Benton, Consultant CONTACT(S): Assistant County Manager Tim Burgess SUBJECT: Adoption of Resolution Requesting the Designation of Port Enhancement Zones in New Hanover County BRIEF SUMMARY: House Bill 751, ratified by the General Assembly in 2011, provided for the designation of Port Enhancement Zones (PEZ) by the North Carolina Department of Commerce. The statute provides for enhanced state tax credits for jobs and investment beyond what is typically available for Tier 3 counties such as New Hanover. Wilmington Business Development has been working on behalf of the County to develop an application for submission to the Department of Commerce requesting the designation of three PEZ's within the County. The statute provides that for investment in a PEZ, the percentage of credit is the same as that for a Tier 1 county or 7% versus 3.5 %. In addition, the threshold becomes the same as that for a Tier 1 county, $0 versus $2,000,000. Proposed are three separate industrial areas for consideration: US 421 PEZ is comprised of 2,316 acres of industrially zoned land along the US 421 Corridor; Wilmington PEZ is comprised of 1,450 acres of industrial properties that include the State Port facilities and adjacent private industrial properties located within the city limits of Wilmington; and the Castle Hayne PEZ which is comprised of 1,989 acres of primarily industrial zoned land adjacent to the I -140 corridor in New Hanover County at the intersection of US 117. The City of Wilmington is aware of pending action by the Board of Commissioners. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution supporting the submission of the PEZ designation application to the North Carolina Department of Commerce. ATTACHMENTS: Port Enhancement Zones Resolution Letter from Wilmington Business Development to County Manager Coudriet Port Enhancement Zone Summary Map of Proposed Port Enhancement Zones Wilmington Port Enhancement Zone Description Board of Commissioners Meeting 01/07/2013 3 -0 Wilmington Port Enhancement Zone Map Castle Hayne Port Enhancement Zone Description Castle Hayne Port Enhancement Zone Map US 421 Port Enhancement Zone Description US 421 Port Enhancement Zone Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 01/07/2013 3 -0 d MA RESOLUTION REQUESTING DESIGNATION OF PORT ENHANCEMENT ZONES IN NEW HANOVER COUNTY BY THE NORTH CAROLINA DEPARTMENT OF COMMERCE WHEREAS, Part 2 of Article 10 of Chapter 143B of the North Carolina General Statutes provides for the designation of Port Enhancement Zones by the North Carolina Department of Commerce; and WHEREAS, the statutes provide certain conditions be met related to location, size, and income before an area can qualify for Port Enhancement Zone designation; and WHEREAS, New Hanover County is requesting the designation of three Port Enhancement Zones within the county: the US 421 Port Enhancement Zone; the Castle Hayne Port Enhancement Zone; and the Wilmington Port Enhancement Zone; and WHEREAS, each of the proposed zones satisfies the statutory conditions in that 1) each proposed zone is located within 25 miles of the Wilmington State Port and is capable of being used to enhance port operations; 2) over 11 % of the households in the census tracts in which each proposed zone is located have incomes of $15,000 or less; and 3) the total area that is proposed for all Port Enhancement Zones in New Hanover County does not exceed 5% of the total area of New Hanover County; and WHEREAS, an application has been prepared for submission to the North Carolina Secretary of Commerce seeking designation for the US 421 Port Enhancement Zone, the Castle Hayne Port Enhancement Zone and the Wilmington Port Enhancement Zone. NOW, THEREFORE BE IT RESOLVED by the New Hanover County Board of Commissioners, that the Board supports submission of the US 421 Port Enhancement Zone, the Castle Hayne Port Enhancement Zone and the Wilmington Port Enhancement Zone application to the North Carolina Department of Commerce, and does hereby formally request designation of each of the zones proposed. ADOPTED this the 7 day of January, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and Board of ComnOOKVleeting Ada��Wwlmi 3 -1 -1 woody white NEW HANOVER COUNTY Cha►rman BOARD OF COMMISSIONERS Beth Dawson Vice -Chair 230 GOVERNMENT CENTER DRIVE, SUITE 175 Jonathan Barfield, Jr. WILMINGTON, NC 28408 Commissioner (91 O) 798-7149 Brian M. Berger (91 O) 798-7145 FAX Commissioner Thomas Wolfe Commissioner NNN Sheila L. Schult Clerk to the Board RESOLUTION REQUESTING DESIGNATION OF PORT ENHANCEMENT ZONES IN NEW HANOVER COUNTY BY THE NORTH CAROLINA DEPARTMENT OF COMMERCE WHEREAS, Part 2 of Article 10 of Chapter 143B of the North Carolina General Statutes provides for the designation of Port Enhancement Zones by the North Carolina Department of Commerce; and WHEREAS, the statutes provide certain conditions be met related to location, size, and income before an area can qualify for Port Enhancement Zone designation; and WHEREAS, New Hanover County is requesting the designation of three Port Enhancement Zones within the county: the US 421 Port Enhancement Zone; the Castle Hayne Port Enhancement Zone; and the Wilmington Port Enhancement Zone; and WHEREAS, each of the proposed zones satisfies the statutory conditions in that 1) each proposed zone is located within 25 miles of the Wilmington State Port and is capable of being used to enhance port operations; 2) over 11 % of the households in the census tracts in which each proposed zone is located have incomes of $15,000 or less; and 3) the total area that is proposed for all Port Enhancement Zones in New Hanover County does not exceed 5% of the total area of New Hanover County; and WHEREAS, an application has been prepared for submission to the North Carolina Secretary of Commerce seeking designation for the US 421 Port Enhancement Zone, the Castle Hayne Port Enhancement Zone and the Wilmington Port Enhancement Zone. NOW, THEREFORE BE IT RESOLVED by the New Hanover County Board of Commissioners, that the Board supports submission of the US 421 Port Enhancement Zone, the Castle Hayne Port Enhancement Zone and the Wilmington Port Enhancement Zone application to the North Carolina Department of Commerce, and does hereby formally request designation of each of the zones proposed. ADOPTED this the 7 day of January, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and Board of ComnOOKVleeting Ada��Wwlmi 3 -1 -1 r. December 3, 2012 Mr. Chris Coudriet New Hanover County Manager 230 Governmental Center Drive Wilmington, North Carolina 28403 Dear Mr. Coudriet, As you know Wilmington Business Development has been working on behalf of New Hanover County to develop an application to the North Carolina Department of Commerce requesting the designation of one or more "Port Enhancement Zones" in the county. Port Enhancement Zones were authorized by the General Assembly in 2011 to provide for enhanced tax credit incentives for job creation and investment by qualifying industries located within 25 miles of a state port and within economically distressed census tracts. Port Enhancement Zone designations would benefit New Hanover County in that the enhanced tax credit incentives provided by the designation would exceed that normally available for a Tier 3 county such as New Hanover. Thus, New Hanover County will be more competitive in recruiting new industry to the region as well as encouraging the growth and expansion of existing industries. A summary of the enhanced tax credit incentives is enclosed in the application package attached hereto. We have proposed three separate industrial areas within the County for consideration for designation. The proposed US 421 Port Enhancement Zone is comprised of 2,316 acres of industrially zoned land along the US 421 corridor. The proposed Wilmington Port Enhancement Zone is comprised of 1,450 acres of industrial properties that include the State Port facilities and adjacent private industrial properties located within the city limits of Wilmington. The proposed Castle Hayne Port Enhancement Zone is comprised of 1,989 acres of primarily industrial zoned land adjacent to the I -140 corridor Hanover County at a major intersection with US 117 (Castle Hayne Road). A more complete description and map of the zones is enclosed herein. A resolution of the Board of Commissioners requesting the designation of port enhancement zones within a county is required to be submitted with the application. A draft resolution has been prepared for your consideration, along with supporting information describing each of the proposed zone designations. Your consideration of this request for New Hanover Board of Commissioner action is greatly appreciated. The coordinated efforts of New Hanover County and Wilmington Business Development to create economic development throughout the county are proving productive and over time will be very successful in creating new jobs and investment in New Hanover County and the region. Please feel free to contact me with any questions, and I look forward to hearing from you. Sincerely, Rick Benton cc: Scott Satterfield, WBD Economic evell ent Excellence Since t 910-763-8414 1 f 910-763-0106 wwwwImingten usinessdeveIopment.eem 01/07/2013 3 -2 -1 Port Enhancement Zone Summary House Bill 751 ratified by the General Assembly in 2011 provided for the designation of Port Enhancement Zones by the Department of Commerce. The statute provides for enhanced state tax credits for jobs and investment similar to that of urban progress zones and rural agrarian zones, beyond what is typically available for Tier 3 counties such as New Hanover County. GS 105- 129.87 provides for the following standard job creation tax credits: Credit for Job Creation rrPrlit PPr Inh Inh ThrPChnlrl Tier 1 $12,500 5 Tier 2 $ 5 1 000 10 Tier 3 $ 750 15 The statute now provides that for jobs created in a port enhancement zone, the credit is increased by $1,000 ($1,750). In addition, if a job is filled by a zone resident, or by a long -term unemployed worker, the credit is increased by an additional $2,000 per job ($2,750). As well, the statute provides that for jobs created in a port enhancement zone, the threshold becomes the same as that for a Tier 1 county. GS 105- 129.88 provides for the following standard investment tax credits: Credit for Investment Applicable Percentage Threshold Tier 1 7% $0 Tier 2 5% $1,000,000 Tier 3 3.5% $2,000,000 The statute provides that for investment in a port enhancement zone, the percentage is the same as that for a Tier 1 county, or 7% versus 3.5 %. In addition, the threshold becomes the same as that for a Tier 1 county, $0 versus $2,000,000. A port enhancement zone must be comprised of part of one or more census tracts or block groups, be within 25 miles of a State port, and 11% of the households in the zone must have an income of $15,000 or less. The area of a zone must not exceed 5% of the total area of the county. An application must be submitted to the Secretary of Commerce for review and approval for designation. A resolution by the County Commissioners of the County in which a proposed zone lies must be included in the application, in addition to the supporting information. In summary, the benefit of designating port enhancement zones in a county is the increased state tax credit incentives which help make Tier 3 counties such as New Hanover County more competitive with other counties, particularly Tier 1 and 2 counties, when recruiting for industrial development. Board of Commissioners Meeting 01/07/2013 3 -3 -1 Pender . ' ,� y SN��I�R�° County Noy ��o gwBURY RD 1 -14p E PROPOSED WILMINGTON PORT ENHANCEMENT ZONE DESCRIPTION The proposed Wilmington Port Enhancement Zone is comprised of 1,450 acres of industrial properties that include the State Port facilities and adjacent private industrial properties located within the city limits of Wilmington. The zone is bordered by the Cape Fear River and Carolina Beach Road, and extends from Dawson Street to Bryan Road. 1,440 acres of the proposed zone is zoned industrial while 10 acres are zoned commercial. The State Port Authority owns 534 acres within the proposed zone designation. The zone includes developed and undeveloped industrial properties, including office buildings, warehouses, building sites, container storage and other industrial use properties owned by the State Port, and other industrial buildings and properties owned by private entities. The proposed zone is located within New Hanover County Census Tracts 108, 109 and 113. Household income data for the 2010 Federal Decennial Census tracts and block groups is unavailable, however, American Community Survey (ACS) 2006 -2010 as applied to the 2010 census data reflects the following relative to household income: Census Tract % Households with Incomes of $15,000 or less 108 25.06% 109 19.02% 113 42.51% The area within the zone is served with municipal services provided by the City of Wilmington. Public water and wastewater services are available within the zone, and are provided by the Cape Fear Public Utility Authority. In summary, the proposed Wilmington Port Enhancement Zone is comprised of 1,450 acres of industrial property capable of enhancing state port operations. The zone includes 534 acres of industrial properties owned by the State Ports Authority. The proposed zone incorporates the Port of Wilmington and adjacent developed and undeveloped industrial properties. The area of the proposed zone (1,450 acres) represents 1.18% of the total acreage of New Hanover County (122,579). When combined with the current (70.5 acres) and proposed (5,755 acres) port enhancement zones for New Hanover County, the total port enhancement zone designated area contemplated is 5,825.50 acres, equating to 4.75% of the total county acreage which is under the 5% statutory threshold. In addition, over 11 % of the households that reside within the census tract in which the zone is located have incomes of $15,000 or less. 1 Board of Commissioners Meeting 01/07/2013 3 -5 -1 PROPOSED CASTLE HAYNE PORT ENHANCEMENT ZONE DESCRIPTION The proposed Castle Hayne Port Enhancement Zone is comprised of 1,989 acres of primarily industrial zoned land adjacent to the I -140 corridor in New Hanover County at a major intersection with US 117 (Castle Hayne Road). The proposed boundaries are reflected on the attached map and incorporate both developed and undeveloped industrially zoned lands. 1,577 acres of the area is zoned industrial, and 1,203 acres incorporate the Castle Hayne General Electric facility. The remaining industrially zoned properties are currently undeveloped, but are positioned and conducive to future industrial development that would support current and future General Electric plant operations. The area also includes 352 acres of residentially zoned property and 87 acres of commercially zoned property. These properties are also conducive to future industrial zoning and use to support current and future General Electric plant operations. The zone is approximately 10.5 miles from the state port in Wilmington. The proposed zone is located within New Hanover County Census Tract 115. Household income data for the 2010 Federal Decennial Census tracts and block groups is unavailable, however, American Community Survey (ACS) 2006 -2010 as applied to the 2010 census data reflects that 15.60% of the households within this census tract have incomes of fifteen thousand dollars ($15,000) or less. The General Electric facility is served by water and wastewater facilities owned and operated by the company. The remaining zone properties are currently unserved by public water and wastewater utilities, however, public utilities operated by the Cape Fear Public Utility Authority are in the vicinity and can be extended to the properties within the zone. The proposed zone is positioned to accommodate new industrial development opportunities on the undeveloped properties primarily to support current and future operations of the General Electric facility. In summary, the proposed Castle Hayne Port Enhancement Zone is comprised of 1,989 acres of primarily industrial zoned property capable of enhancing state port operations. The proposed zone is located within 25 miles of the state port in Wilmington. The area of the proposed represents 1.62% of the total acreage of New Hanover County (122,579). When combined with the current (70.5 acres) and proposed (5,755 acres) port enhancement zones for New Hanover County, the total port enhancement zone designated area contemplated is 5,825.50 acres, equating to 4.75% of the total county acreage which is under the 5% statutory threshold. In addition, over 11% of the households that reside within the census tract in which the zone is located have incomes of $15,000 or less. 1 Board of Commissioners Meeting 01/07/2013 3 -7 -1 PROPOSED US 421 PORT ENHANCEMENT ZONE DESCRIPTION The proposed US 421 Port Enhancement Zone is comprised of 2,316 acres of industrially zoned land along the US 421 corridor in New Hanover County. The proposed boundaries are reflected on the attached map and extend from the New Hanover - Pender County boundary line south to just south of the I- 140 intersection with US 421, incorporating both developed and undeveloped industrially zoned lands. The zone boundaries exclude vast amounts of conservation lands that border properties along the corridor. The northernmost limit of the zone is approximately 10.5 miles from the state port in Wilmington. The proposed zone is located within New Hanover County Census Tract 115. Household income data for the 2010 Federal Decennial Census tracts and block groups is unavailable, however, American Community Survey (ACS) 2006 -2010 as applied to the 2010 census data reflects that 15.60% of the households within this census tract have incomes of fifteen thousand dollars ($15,000) or less. The properties included in the proposed zone are currently served via private water and wastewater utilities. However, Pender County has completed construction of a new 2 mgd public water treatment plant in Pender Commerce Park (adjoining the zone) that will be capable of providing public water to the corridor. As well, a 0.5 mgd wastewater treatment plant has been designed and permitted to be constructed within Pender Commerce Park to serve the area through a partnership with Pender County and the Cape Fear Public Utility Authority. The proposed zone is immediately ready to accommodate new industrial development opportunities on vacant properties, as well as expansions of existing industry. Efforts are underway to restore rail service to the Pender Commerce Park via a 1.5 mile short rail extension from where the current active CSX line terminates at the Invista plant. The former rail line that paralleled US 421 along the park property was abandoned in the 1970's, and a new corridor and easements must be established. A grant has been awarded to Pender County to conduct a planning study to assess and identify the most feasible proposed rail corridor. As well, environmental studies have been undertaken to assess opportunities for barge traffic to service properties that border the Cape Fear and NE Cape Fear rivers that parallel the US 421 corridor and proposed zone. The results of those studies indicate that barge services from those rivers to adjoining properties is very feasible. In summary, the proposed US 421 Port Enhancement Zone is comprised of 2,316 acres of industrial property and buildings capable of enhancing state port operations. The proposed zone is located within 25 miles of the state port in Wilmington. The area of the proposed zone (2,316 acres) represents 1.89% of the total acreage of New Hanover County (122,579). When combined with the current (70.5 acres) and proposed (5,755 acres) port enhancement zones for New Hanover County, the total port enhancement zone designated area contemplated is 5,825.50 acres, equating to 4.75% of the total county acreage which is under the 5% statutory threshold. In addition, over 11% of the households that reside within the census tract in which the zone is located have incomes of $15,000 or less. 1 Board of Commissioners Meeting 01/07/2013 3 -9 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 CONSENT ITEM: 4 DEPARTMENT: PRESENTER(S): Woody White, Chairman CONTACT(S): Wanda Copley, County Attorney SUBJECT: Appointment of Chairman of ABC Board BRIEF SUMMARY: After being appointed as County Commissioner, Tom Wolfe has resigned as Chair of the ABC Board, although he will remain a board member. G.S. 18B- 700(e) directs the appointing authority to appoint the new chairman. The ABC Board unanimously recommends Cedric A. Dickerson, current Vice - Chair, to be appointed Chair. The appointment shall be valid until June 30, 2013. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the unanimous recommendation of the ABC Board and appoint Cedric A. Dickerson, current Vice - Chair, as the new ABC Board Chairman. ATTACHMENTS: N.C.G.S. 18B -700 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 01/07/2013 4 -0 GSO 18B�700 Local ABC Boards. Pa I Board of Commissioners Meetin 01/07/2013 http://,��.i3vAN.r.ne /4;t-a a,ti.on.t-t'ites/HTML/B 1.2/1,8/20-12 GS-18B-700 Pa 2 of 3 "I Board of Commissioners Meetin 01/07/2013 http:/�/`ww'�,v.i,ic 8BL. 1 "121/1,8/201 GS-18B-700 boards. (198 1, c. 412, s. 2, c. 747, s. 50 1981 (Re Scss., 1982), c. 1262, s. 10: 1989. c. 8,00, s. 19 2010-122, ss. 9-16.) Board of Commissioners Meetin 01/07/2013 'llt,tp: //Iww W. tic g a. st ate . Ile. u s/En acted L e sl cati Oil/$ tatute, S/1-ITMI-J B S ection/Ch apter— 18 B L. 12/18/2-012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 CONSENT ITEM: 5 DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue CONTACT(S): Michelle Harrell, Collector of Revenue SUBJECT: Approval of November 2012 Tax Collection Reports for New Hanover County and New Hanover County Fire District BRIEF SUMMARY: Tax collection reports through the month of November 2012 are submitted for approval. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: November 2012 Collection Report November 2012 Fire District Collection Report COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. 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O i a Board of Commissioners Meeting 01/07/2013 5 -2 -1 O T% I-Ul)- Q0 6 M I-Ul)- o0 Ln N I-Ul)- O1 N 00 N w I-Ul)- O O V tA i O rl N M ::1 O o0 N qz:l tD rl M N M r tD rl O 4 O M 00 3 :::j N Ln O m N 00 tD rl N 00 N Ln rl O tD 00 E O U -ch -u)- qj)- qj)- qj)- qj)- -Ln O tD O � 00 O tD 00 ::I � � r tD rl of t6 �ri oo �ri t6 0 O N � r-- O Ln � tD V M ri N M 00 rl r-I M I� r-I j r-I L O O t!� 4 qj 4 qj qj Ol 00 Ln tD tD Ln Ln Ln O) I- M tD N �6 1,6 4 4 n r-i Li L 00 00 r-I r-I tD `-' qt O N 00 M CL O M N N O � � o_ c6 O V) O o_ -ch - - Ln qj qj qj)- qj N 00 tD I� rl O r o0 Ln Ln I� O 00 rl I-� rl N 00 O � M � M ai 1 00 rn 1 tD 1 M 1 4 rl O 00 N M lD tD N M V) W c6 V - u} �� 4 j) - 4j M p M 00 0 L N _ ' E ai _ U _ O +-i = N •� U O O cn Q Q H U O Board of Commissioners Meeting 01/07/2013 5 -2 -1 O T% I-Ul)- Q0 6 M I-Ul)- o0 Ln N I-Ul)- O1 N 00 N w I-Ul)- O O V tA i O NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 CONSENT ITEM: 6 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2013. 13 -118 - Social Services 13 -128 - Social Services 2013 -42 - Sheriff's Office STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for the budget amendments listed. A mm A r+11X XT9P Q. B/A 13 -118 B/A 13 -128 B/A 2013 -42 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 01/07/2013 6 -0 AGENDA: January 7, 2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13 - 118 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 13 -118 be made to the annual budget ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Department: Social Services Expenditure: Decrease Increase Social Services $110 $110 Total $0 $0 Revenue: Decrease Increase Social Services $110 $110 Total $0 $110,376 Revenue: Decrease Increase Fund Balance $110 Total $110,376 =F- Section 2: Explanation Social Services received confirmation of their FYI 2-13 allocation from the North Carolina Division of Social Services. Therefore, the following program accounts must be adjusted based upon the actual allocations received for FY2012 -2013: Energy Administration: Crisis Intervention Program (CIP) and Low Income Energy Assistance Program (LIEAP) - increase $25,014 Child Daycare Services Support (Administration) - increase $71,913 Social Services Block Grant (SSBG) - decrease $122,332 Foster Care /Adopt IV -E - decrease $12,781 State In Home Care (Adult) - increase $7,082 Adult Care Home Specialist — decrease $8,903 Adult Protective Services - increase $30,237 Adult Home Specialist — decrease $36,374 Health Choice (Children's Insurance Program) - increase $68 Temporary Assistance for Needy Families (TANF), Child Protective Services (CPS), and Foster Care /Adoption — increase $156,452 The resulting net amount of $110,376 will be used to offset existing administrative expenses associated with these programs, thereby reducing the Net County Cost. Prior to actions taken at this Board of County Commissioners meeting, the Appropriated Fund balance is $10,840,337. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 13 -118, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this 7th day of January, 2013. (SEAL) ATTEST: Woody White, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 01/07/2013 6 -1 -1 AGENDA: January 7, 2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13 - 128 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 13 -128 be made to the annual budget ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Department: Social Services Expenditure: Decrease Increase Social Services $60 $649 Total $0 $649,314 Revenue: Decrease Increase Social Services $60 $709 Total $0 $709,510 Revenue: Decrease Increase Fund Balance $60 Total $60,196 $0 Section 2: Explanation The Crisis Intervention Program (CIP) assists low - income persons with a heating or cooling related crisis. The CIP program is part of the Low Income Home Energy Assistance Program block grant. Households apply for the benefits at the local social services agency or other contracted non - profit agencies. Each county receives an allocation to fund the CIP program based on the poverty rate in the county and the county Food and Nutrition Services caseload numbers. Counties have the option to set an annual minimum allowable assistance amount up to a maximum of $600. Payment amounts vary based on the crisis and the amount needed to alleviate the energy crisis. These additional funds of $450,374 will potentially assist a minimum of 750 additional households. Low Income Energy Assistance Program (LIEAP) provides assistance to low income households to assist in the cost of heating expenses. Eligible households receive a one -time LIEAP heating assistance payment made directly to their heating vendor. The target population is persons age 60 and over and disabled persons receiving a service through the Division of Aging and Adult Services. Household income must be at or below 130% of poverty. County departments of social services take applications during the specified time period of December 1 st through March 31 st, or until funds are exhausted. Benefit payments range from $200 to $400 so, potentially, 278 to 556 households could benefit from the additional funds. The amount of additional funds is $198,940. The CIP and LIEAP administrative funds in the amount of $60,196 will be associated with these programs, thereby reducing Net County Cost. Prior to actions taken at this Board of County Commissioners meeting, the Appropriated Fund balance is $10,840,337. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 13 -128, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this 7th day of January, 2013. (SEAL) ATTEST: Woody White, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 01/07/2013 6 -2 -1 AGENDA: January 7, 2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013 - 42 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2013 -42 be made to the annual budget ordinance for the fiscal year ending June 30, 2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Sheriff s Office $5 Total $0 $5,085 Revenue: Decrease Increase Sheriff s Office $5 Total $0 $5,085 Section 2: Explanation To budget Controlled Substance Tax receipt of 12/18/12 for $5,085. Controlled Substance Tax is budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Controlled Substance Tax fund is $2,707. Funds are received on a monthly basis. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2013 -42, amending the annual budget ordinance for the fiscal year ending June 30, 2013, is adopted. Adopted, this 7th day of January, 2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 01/07/2013 6 -3 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 CONSENT ITEM: 7 DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Dates to Conduct a Budget Work Session BRIEF SUMMARY: In preparation for FY13 -14 Budget, enclosed are recommended dates for the Board's consideration for the annual budget and strategy work session. Staff would recommend breaking up the retreat into two shorter sessions to be held off -site: Session 1: Frame the Context Friday afternoon from 2pm — 5pm Attended by Board of County Commissioners and Executive Leadership Team Staff will provide briefings on key topics and emerging issues (State, Nationally, locally), updates on legislative changes, review of citizen survey results, discussion of budget challenges, etc. Session 2: Strategic Issues and Priorities Saturday from 10am — 3pm Attended by Board of County Commissioners, representatives from City and Beach Towns, CFPUA, CFCC, NHCS, and NHC Department Heads Review key strategic issues, implications and changes to strategy and policy, Board prioritization and directives to staff Recommended date(s): February 8 th from 2 -5pm and February 9 th from 10 am — 3pm Alternatively, February 15 from 2 -5pm and February 16 from loam — 3pm; If a single full day session is preferred February 8 from 8 am — 5 pm or February 15 from 8 am — 5 pm Please note: While the plan is to hold the FY 13 -14 retreat in February this year, going forward, staff would recommend scheduling the annual retreat in September or October for next year. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Schedule budget work session. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 01/07/2013 7 -0 Schedule budget work session all day on February 8, 2013. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 01/07/2013 7 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 CONSENT ITEM: 8 DEPARTMENT: PRESENTER(S): Chairman White CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Appointment of Voting Delegate to the NCACC 2013 Legislative Goals Conference BRIEF SUMMARY: The North Carolina Association of County Commissioners ( NCACC) Legislative Goals Conference will be held January 24 -25, 2013 in Durham County, North Carolina. Each Board of Commissioners is requested to designate a voting delegate and submit to NCACC by January 11, 2013. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Thomas Wolfe as the voting delegate. ATTACHMENTS: NCACC 2013 Voting Delegate Form COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 01/07/2013 8 -0 N O R T H A'W A R O L I N A Memorandum RETURN FORM BY JANUARY 11, 2013 VOTING DELEGATE DESIGNATION FORM LEGISLATIVE GOALS CONFERENCE January 24 -25, 2013 (Thursday — Friday) Sheraton Imperial - RTP NOTE: Please place this action on your board meeting agenda. Each Board of County Commissioners is hereby requested to designate a commissioner or other official as a voting delegate. Each voting delegate should complete and sign the following statement and RETURN IT TO THE ASSOCIATION NO LATER THAN FRIDAY, JANUARY 11, 2013. PLEASE RETURN FORM TO SHEILA SAMMONS, CLERK TO THE BOARD BY EMAIL: W C.ORG OR FAX: 919 - 733 -1065. I, hereby certify that I am the duly designated voting delegate for County at the North Carolina Association of County Commissioners 2013 Legislative Goals Conference. Signed: Title: Article VI, Section of the Association's Constitution provides: "On all questions, including the election of officers, each county represented shall be entitled to one vote, which shall be the majority expression of the delegates of that county. The vote of any county in good standing may be cast by any one of its County Commissioners who is present at the time the vote is taken; provided, if no commissioner be present, such vote may be cast by another county official, elected or appointed, who holds elective office or an appointed position in the county whose vote is being cast and who is formally designated by the Board of County Commissioners. These provisions shall likewise govern district meetings of the Association. A county in good standing is defined as one which has paid the current year's dues." 215 N. Dawson St., Raleigh, NC 27603 * Phone: (919) 715 -2893 * Fax: (919) 733 -1065 * www.neace.org Board of Commissioners Meeting 01/07/2013 8 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 REGULAR ITEM: 9 DEPARTMENT: PRESENTER(S): Shawn Ralston, Planning Manager (PB Rep: Andy Heath) CONTACT(S): Shawn Ralston, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Special Use Permit (5 -611, 12/12) - Request by Joe Suleyman, Environmental Management Director to Obtain a Special Use Permit to Expand the New Hanover County Landfill onto Adjacent Properties (The properties are located within an I -2 Heavy Industrial District at 5200 and 5210 US Highway 421 North.) BRIEF SUMMARY: New Hanover County Environmental Management requests to expand the New Hanover County Landfill onto two adjacent parcels totaling 276.85 acres. The parcels are located within an I -2 Heavy Industrial District and are currently in County ownership. The proposed expansion will include the construction of nine disposal cells totaling approximately 90 acres, an office, maintenance area and citizen's drop - off /recycling area. The Planning Board voted 5 -0 at their December 6, 2012 meeting to recommend approval subject to three conditions recommended by staff, which the County, as the applicant, accepts. One person from the public provided comments neither in favor nor opposed to the special use permit. The parcels are classified as Natural Heritage Resource Protection according to the 2006 CAMA Land Use Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval with the following conditions: 1. The applicant continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject properties and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. 2. The applicant consults with the North Carolina Plant Conservation Program to determine the best mitigation strategy for the subject parcels. 3. The combination of the two parcels to alleviate potential issues with the required 50' setback. Board of Commissioners Meeting 01/07/2013 9 -0 Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED (Choose one) Use the Script/Worksheet to make findings and: 1. Grant the Special Use Permit; or 2. Grant the Special Use Permit and add conditions to the Special Use; or 3. Deny the Special Use Permit on the grounds that the Findings of Fact violate one or more of the four criteria. ATTACHMENTS: S -611 Script S -611 Staff Summary S -611 Petition Summary S -611 Adjacent Property Owners Map S -611 Zoning Map S -611 Aerial Map S -611 Site Plan S -611 Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions, as presented. COMMISSIONERS' ACTIONS: The item was removed until January 22, 2013. Board of Commissioners Meeting 01/07/2013 9 -0 SCRIPT FOR SPECIAL USE PERMIT S -611, 12/12 Request by Joe Suleyman, Environmental Management Director to obtain a special use permit to expand the New Hanover County Landfill onto adjacent properties. The properties are located within an 1 -2 Heavy Industrial District at 5200 and 5210 US Highway 421 North. The parcels are classified as Natural Heritage Resource Protection according to the 2006 CAMA Land Use Plan. Swear in witnesses 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner Discussion 5. A Special Use Permit which is denied may only be resubmitted at the discretion of the Planning Director. You may ask to continue the matter. Do you wish to do so? 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on the special use permit. Motion to grant the permit -All findings are positive. Motion to grant, subject to conditions specified below: (State Conditions) Motion to deny because, if completed as proposed, the development more probably than not: a. Will endanger the public health or safety for the following reasons: [3 b. Does not meet all required conditions and specifications, in particular: 13 c. Will injure the value of adjoining or abutting property in the following way: d. Will not be in harmony with the area in which it is located for the following reasons: Board of Commissioners Meeting 01/07/2013 9 -1 -1 Re B Joe Sule Environmental Mana Directo Loicatiow Parcel' ID 320001-49-4731-0010 located at 5200 US HWY'421 North ( Parcel 1 3.85 acres Parcel ID 320104-70-61788-000 located at 521,01 US HWY 421 North ( Parcel 2 273 acres 4, Plannin Board Action. Plannin Board voted 5-0j to recommend approval of the re special use permit with the three conditions recommended b Staff on Imm EreliminaTv Staff Fincif"s of Fact (In Accordance with Section 71 of the New Hanover Count Zonin Ordinance, Fi n d 1-6 The Board must find that the use will not materiall endan the public health or I safet where proposed and developed accordin to the plan as submitted and approved. ......................................... S-6111 12/12 Pa 1 Board of Commissioners Meetin 01/07/2013 9-2-1 Staff Su The evidence in the record at this time supports a findin that the use will not materi'all endan the public health or saftt where proposed j 0 1 F in d i The, Board must find that the use meets all re con ditions and specifications of the Zonin Ordinance. 20-1 S-611; 12/1.2 Pa 2 Board of Commissioners Meetin 01/07/2013 9-2-2 parcels into one to remove the setback re from the internal' propert line of the 2 sub properties. I Staff Su The evidence in the record at this time supports a findin that the use, meets all re conditions and speccations of the Zonin Ordinance. Fin The Board must find that the use will not substantiall in the value of ad or abuttin propert or that the use is a public necess,it Staff Su The evidence in the record at this time supports a findin that the use will not substantiall in the value of adjoinin or abuttin propert N Findin 4; The Board must find that the location and character of the use if developed accordin to the plan as submitted and approved will be in har mon with the area, in which it for New Hanover is to be located and in g eneral conformit with the plan of development, Count The 2006 Joint CAMA Land Use Plan shows the land classification as Natural Herita Resource Protection, on parcel 1 and a combination of Natural Herita Resource Protection, Conservation and Transition on parcel 2. . ............. . . ......... S�611, 12/12 Pa 3 Board of Commissioners Meetin 01/07/2013 9-2-3 plant and ani'mal species on the sub parcels. Once those areas have been identifi ed, the applicant will, where possible, conserve the resource, and in other 0 instances, m'Iti the resource either on the existin landfill site or in another comparable location. The purpose of the Transition class irs to provide for future intensive urban development on lands that have been or w1111 be provided with necessar urban services. 'r* " Sta Su The evidence in the record at this time supports a.Tinatn t at the plan, as submitted will be in harmon with the area in whicn it is to be I I ocated and in g eneral corybrmit with the plan of developmentfor New Hanover Count S-611 12/12 Pa 4 Board of Commissioners Meetin 01/07/2013 9-2-4 Staff concludes that the proposal meets the re of the Ordinance and that all ra R _. T in are pos*tive. However, staff recommends that the; followin conditions be re Ind" i Note: A Special Use Permit is a q uasi- j udicial action re an evidentiar hearin and findin of fact. *Use the Script/Worksheet to make findin and: 11 Grant the Special Use Permit; or 2. Grant the Special Use Permit and add conditions to the Special Use, or 5 314 Den the Speciall Use Permit on the g rounds that the Findin of Fact violate on-e or more-of the four criteria. N= Board of Commissioners Meetin 01/07/2013 9-2-5 Board of Commissioners Meeting 01/07/2013 9 -2 -6 Case S -611 (12/12) Request to expand the New Hanover County Landfill onto two adjacent parcels of land totaling 276.85 acres located within an 1 -2 Heavy Industrial District Petition Summary Data 5200 and 5210 HWY 421 North Owner /Petitioner New Hanover County /Joe Suleyman, New Hanover County Environmental Management Director Existing Land Use 1 -2 Vacant Zoning History Area 7 December 6, 1971 Land Classification Parcel 1: Natural Heritage Resource Protection; Parcel 2: Natural Heritage Resource Protection, Conservation and Transition Water Type Well Sewer Type Septic Recreation Area Flemington Soccer Complex, Sutton Lake Boat Access Area (temporarily closed for renovation) Access & Traffic Volume The Average Daily Traffic (ADT) count for the nearest intersection located at US HWY 421 N and Sutton Lake Road was estimated at 9,820 in 2011 and functions at a Level of Service (LOS) A which indicates that little to no delay is currently occurring at the intersection. The traffic impact worksheet submitted estimates 52 AM peak hour trips and 42 PM peak hour trips which did not require the applicant to complete a Traffic Impact Analysis. AM trips were calculated between 10 AM and 11 AM. PM trips were calculated between 12 PM and 1PM, 1 PM and 2 PM, and 2PM and 3 PM. Fire District New Hanover County Fire Service District Watershed & Water Quality Classification Cape Fear River (Class C, Swamp Waters SW) Aquifer Recharge Area Sandhill recharge area Conservation /Historic /Archaeological Resources The N.C. Natural Heritage Program has identified a species of significantly rare grass, big three -awn grass (Aristida condensate) on the proposed site; Preliminary maps also indicate the presence of Natural Ponds, Swamp Forest and Pocosin (with class IV soil) which are identified as conservation resources in the County's Conservation Overlay District. Soils Parcel 1: Kureb sand, Rimini sand; Parcel 2: Kureb sand, Rimini sand, Lakeland sand, and Dorovan soils Septic Suitability Kureb, Rimini and Lakeland are classified as Class I soils which are suitable with slight limitations for septic tanks; Dorovan is classified as a Class IV soil which is unsuitable for septic tanks Schools Wrightsboro Elementary School, Virgo Middle School, New Hanover High School S -611, 12/12 Page 1 Board of Commissioners Meeting 01/07/2013 9 -3 -1 m LO � •U O 6 O �.. gar �_{j �� •5 {�} � O kV I I l.Ll I 1 1 — � � TOM ~ • "' —` •. 0. "i �'�.� � U +J CD T T CD ' � IUD k E f W O CD CD 1 (D LJ f ��•5 CD I ( k V rl1 k { l -� + 0 D i 'ti C' �? > 4 C�3 E= J _ O O TMM Lo a) � o '> O O LLI � - , .° - ocn J� o CD IUD a--� co ( ? (D (_ CD o �n C CD ' o D o Board of Commissioners Meeting 01/07/2013 9 -7 -1 ENGINEER SCS �� € " NEW HANOVER COUNTY � ROW �{�� SITE WASTED Khh _ ®® DEPARTMENT OF , 7777 ENVIRONMENTAL MANAGEMENT TO E nTLe �. NEW HANOA° X 10 U.S. HIGHWAY 421 NORTH COUNTY SECURE 11YII- MINGTON, NOMM CAROLINA SIB PROPOSED LANDFlLI E . �� I CE 14 F Y.. PERMIT DRAU -N' �� a r ' r NEW HANOVER COUNTY PLANNING &INSPECTIONS DEPARTMENT SPECIAL USE PERMIT APPLICATION # Petitioner Information Propert Owner(s) Subject Propert If different than Petitioner Name Joe Sule Director Owner Name Address 5210 US Hi 421 North Environmental Mana Wilmin NC 28401 Compan New Hanover Count Landfill Owner Name 2 Parcel ID R02300-004 & 018-001-000 Address 3002 US Hi 421 North Address Area 276.85 acres ( Combined ) Cit State, Zip Wilmin NC 28401 Cit State, Zip Existin Zonin and Use 1-2 Industrial District Phone 910.798. 4403 Phone Proposed Use Landfill/Support Facilit Email i sule y man@nhc g ov.com Email Land Classification Natural Herita Resource Protection Area PLEASE READ SECTIONS 70 and 71 of the Zonin Ordinance prior to submission. For hi densit residential projects, please also refer to the Hi Densit application and also note the proposal must be reviewed b the Technical Review Committee prior to submission for consideration b the Plannin Board. Applications MUST be reviewed b Plannin & Zonin staff for completeness prior to acceptance. When Special Use Permits are re for uses more or less accessor to a residential use (i.e., in-home child da or for sin mobile homes as re a fee of $1,50.00 is re All other Special Use Permits re a fee of $400.00. This f to New Hanover Count MUST accompan this petition. 1. No application will be accepted unless accompanied b a plan oft e proposed use and lot drawn to scale to be used as evidence in support of the re q uired findin of fact ( outlined on pa 2 of this application). If submittin plans lar than Ilxl7, please provide ten ( 10 ) copies for the Plannin Board meetin You will be asked for an additional thirteen ( 13 ) copies of y our site plan if y our proposal moves forward to the Count Commissioners. Also, please include one ( 1 ) reduced cop of the site plan. Di submission ma be substituted when accurate scalin can be assured. The followin supplemental information is re Note: Applicants should refer to Article 6 & 7 of the Zonin Ordinance f o r additional re f o r s pecific uses. The Plannin & Zonin Plannin Board, and/or Board of Count Commissioners reserve the ri to re additional information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with the Zonin Ordinance of the Count of New Hanover. 0MIUM" Board of Commissioners Meetin 01/07/2013 9-8-1 p 11111 1'''' I 1 1 1 , 11111111111 9 I aw ■ DIN q Applications for Special Use Permits (other then for sin famil dwellin on individual lots) are first referred to the New Hanover Count Plannin Board for recommendation tot e Count Commissioners. The Commissioners make final action on the permit application in a q uasi-judicial public hearin Complete petitions and all supplementar information must be accepted b Plannin & Zonin twent (20) workin da before the Plannin Board meetin to allow ade time for processin and advertisement as re b of Carolina General Statutes. Plannin Board meetin are held on the first Thursda of each month at 5:30PM in the Commissioner's Assembl Room at the Old Count Courthouse, at Third and Princess Streets, Wilmin North Carolina. Applications for sin dwellin includin mobile homes, on individual lots must be accepted b Plannin & Zonin twent (20) workin da before the re scheduled Commissioners meetin Applications for sin dwellin on individual lots do not re plannin board review. What You Must Establish For A Special T Tvze. Pi-.rm it Authorit to g rant a Special Use Permit is contained in the Zonin Ordinance, pursuant to section 7 1. The Zonin Ordinance imposes the followin General Re on the use re b the applicant. Under each re the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these re (Attach additional pa if necessar accommodated as the site is developed. Pa 2 of 4 Board of Commissioners Meetin SUP (4110) 01/07/2013 9-8-2 Page 3 of 4 Board of Commissioners Meeting 01/07/2013 9 -8 -3 SUP (4114) SITE i" LAS.`! IMCKLIS T Ch e c each Ite t to confir that 1v In cluded, App llw on W& pof be deemed co pipte withomt addres ng eack item. Trent bound aries an total are-a p1tis 1 =tioa of adjoi land parcels an d roadways. E"x sting zo nhia of the tract and neighboring pare and propoSe U 40t Z0111in , proposed use of land, s" and other Improvements, For residenCmi uses this shall imlude number, height and type of units and slte p1mi outlining area to be occaVied by each structure and /or subdivided lot boundaries.11or non - residential uses, this shall include a pproximate square footage and height of carh stu-ucture, an outline of tho arm it. will amipy and Abe speellie pur pose for which It W be geed. Developnvnt schedule including proposed piomtg. Traffic and Plarki ng Plan to include a statement of impaot eoncming cool traffic near the traot proposed right- way dedicatio p an6 for access to and from the trao� location, width and right - of way f'or intemal its and location, arrangemcnt and ass provf;%ion for parking areas. All existing and proposed easements, resevatio�� , mired sc�aclC% rights-of-way, h�� erir�g and s3 age. TI) r,- one h u dred ( 140) year floodplain line, if applicable Location and sizing of trees rewired to be proud under S mtion 61 of'the Zoning Ordinance, Any additional mnditlons and rcgnircments, which rope greater restdotions on developnmt and use of the tract than the o rrespondhig Oeneml Use District regulations, which art the minimum r goiremcnt� for Special Use Permit, or oar li .tatiQns an land which ny bo regolmd by State law or LocW t rd.inum. Any otbar iltformation that i11 t`cilitRte YCA Of t110 pxo<po oha eo r#icie it r The Zoning Ordinance in some inNtano also imposes additional spWile requirements on the use requested by tho applicant. The applicant, should he prepared to demonstrate Mat the proposed use would comply with cach spec fi4c requirement found in Section 72, additionat restrictions impo d on eartaint ap ai am has appi�hio lie/She shouid also dentosistrate that the l and N lciu d he used in a wanner eqnsistent with the plana and policies of New Hanover onntY4 The Huard of Commissioners may itxtpose additional conditions and restrictions that they deem appropriate pvtor to the issuing of the S pecial Use Permit. I eertify that this app ioation is complete and that alt of the Information resented in this application is Accu r to to the hest of my knowledge, information, and behof. . Joe Suleyman Ignah, of Petitioner ;end /or Property Owner Print Name Page 4 of 4 SUP (4/1 Board of Commissioners Meeting 01/07/2013 9 -8 -4 NARRATIVE SPECIAL USE PERMIT MODIFICATION FOR THE NEW NOVER COUNTY LANDFILL 10/22/2012 Cell 1, thefirst lined landfill in the State of North Carolina, was constructed in 1981. The unit bR C! Board of Commissioners Meetin 01/07/2013 9-8-5 set the pace in North Carolina for desi q f waste mana facilities, in that it included multiple la of natural and man-made materials to protect the environment. Some 10 y ears later EPA established the national criteria for the desi offacilities similar to the New Hanover Counl Ever cell that has been built since that initial unit has met or exceeded the fiederal and state re From the zonin restrictions the onl anticipated I : m . 2 Board of Commissioners Meetin 01/07/2013 9-8-6 P ci � e Board of Commissioners Meetin 01/07/2013 9-8-7 x7reas. Throu these t of efforts, the landfill site will still be an asset to the Count Upon issuance of the Special Use Permit the Count will proceed with the process to g ain th re permits from NCDENR a Pa g e 4 Board of Commissioners Meetin 01/07/2013 9-8-8 ATTACHMENT A PROPERTY SURVEYS Board of Commissioners Meeting 01/07/2013 9 -8 -9 L McGE1 REPROGRAPHICS 301232 VJ 00 ■ M • r - \� ♦ CAPE I ' t� ��.:�• NORTNEA r RIVER ch s � 1 r rn �� '..♦ Flo Z � cf) 0 V ySy • V cn .�, cn a H P .� Y ( q APP�, �•- r' cn • 0 Board of Commissioners Meeting 01/07/2013 9 -8 -10 D Q ' C M OR �� C7 r Az • �C my 0 3 ro to 0 z O Q s w R /W P o en Q h S N28'19•W 2,330.3P fa R 321 81w V52.051 F U. S, HWY. 421 ri i Board of Commissioners Meeting 01/07/2013 9 -8 -10 D Q ' C M OR �� C7 r Az • �C my 0 3 ro to 0 z O Q s w R /W P A � � f5l � � Cc 3 i p w XO 19 21 N Ap Az zr | | L----- ---'— ------ ---' --'---� | COLNIY NEW HANOVER De 1411 P 19A6 Pd) R02300-001-004-000 — ---------' | � | ^� � gg . � � | | ' | / | | | | ! | ____ ____ / ~ ` / ba � Z Iw , / __ __ ----- --- --- ----| | | 9 Board of Commissioners Meetin uxmouo ATTACHMENT B ZONING MAP Board of Commissioners Meeting 01/07/2013 9-8-12 NEW HANOVER COUNTY ZONING MAP FUTURE PARCELS FOR SOLID WASTE MANAGEMENT PROGRAM Board of Commissioners Meeting 01/07/2013 9-8-13 ATTACHMENT C PLANNING DRAWINGS Board of Commissioners Meeting 01/07/2013 9-8-14 r 4 Or' `, R >0 FM W Z N O J u a � W W a 0 (A Z J Q LL = Q Z Wg z z L 0 W aC i° 0 Z W D � Q Q p Q LU J Z pQ Om W a� CL u� 0 - W W = W J 0. I_ W W W Z Z W ..`0Z Q Om 4H 0 — yC oo W W cri .„ CL • T • to ty xx �' I tie W co (A W CA ❑ � W V'f J 0 Q Q >- LL. 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Q Q � uu _ � o V �, J � Z us � Q 0 W V C) o- Q Q — a - co N � M Wo LL P Q C) Q Q ❑ ilf W cc W 0 Q J W W CC CC W LD LA W CL F' M Z 0 J OC W W V L3 i M CO W i W i J U 0 Vy 0 i M Q 0 M V� 0 GC M Q W J W J Board of Commissioners Meeting 01/07/2013 9-8-17 Board of Commissioners Meeting 01/07/2013 9-8-18 W z V3 Z Q X W J C CL �� W a p a W W Q aCz a.— J J W Q 0 0 _ ❑ Q z 0 ❑� W Q W CC Q 0 w m 0 W � W Q❑ W �- Llf LL o W � LA - z - "wQZQ J 0 LL. cc 0 LL W W � Z LLJ Z .... ~ W Ana _ . 0 cz U_ C7 Oj 0 LLI J Z0 Board of Commissioners Meeting 01/07/2013 9-8-18 >= ~ Q :3 Z Lu LL z O W O � o W 3: m LLI W J J LL 0 W O Q o m Q N U. Z o °c � o LOU O cc J a 0 Z z � cc a 7 CL F- Z W W u 2 a a u's 0 W J N W W x LL Q o 0 0 — to � Q W N_ u .J J 0 J - � W D.. U D • a Z Q J U Q W m V� W � W J 0 Q Q J Z ~' u L w z� z o = W ~ _` z H Z 0 C) LL. Cf LU �.- 0 n 2 V ~ W W Q ui u� > cn > C� 0 W Q C) C J a Z � LLJ W Q — '' a = W 0 F V F- W Z Q u W z u Z ~ J J W Q C) W Q CL F- Q 0 Q � W C) Z 11.1 Z u � W Q V ❑ ..J F- � W Q � � Q V Q Z W Z [J W W W Z Q M L u =Q�c = zo Q J 'LLj W aQt�Z 0 U J J C) Q Q Z CC W = Q — W = w Z Board of Commissioners Meeting 01/07/2013 9-8-19 ATTACHMENT D PARCEL DEEDS Existing Landfill South Property Lot 3 Board of Commissioners Meeting 01/07/2013 9 -8 -20 OL'C> L.a a' -Cz �1 600f� PAGE 1 181 0967 12 51 rK �b STATE OF NORTH CAROLINA, �ECQ1tCIED IIKR YEK IFiW + IEC E .I[iC' COUNTY CAF NEW HANOVER- �EBri��itQ ��EU kEV W0 C THIS DEED OF CONVEYANCE, Made th 1.9 4 - day of , 1981 by and between A. D. ROYAL arkd wife CATHERINE G ROYAL; CARMEN H. BUTLER, widower; CUES A. ROYAL, JR. and Wife, FAYE B. ROYAL; and MILDRED FLEMING POKELL■ Widow, all of Sampson County, North Carolina; widow, of Passau County, New Jersey: MILDRED R. ELOISE R. PEIxDZ"X'O■ Y sIMPSON, Widow, of Guilford County,, North Carolina; and STEPHEN D. ROYAL and wife, PATRICIA V. ROYAL, of New Hanover County, North Carol ina, parties of the first part; and NEW L3ANOVER COUNTY a North Carolinas municipal corporation and body po3i1- with offices at Fourth and Chestnut Streets, Wilmington, North Carolina, party of the second part.- W I TN E Sw S ETH x .• WHEREAS, the parties of the first part are the owners of the lands e hereinafter described as tenants in common in the following proportions: f A. D. Royal . Sutler) . 57.2/713 Carmen M. Butler (former'1 Lore R. Su) 57, xf713 Mildred R. Simpson _ . _ . 57.2/713 Elosie R. Pe i Xott❑ _ . _ . 57.2/713 Charles A. Royal, Jr. . ,. _ . - - - . 28.1/713 Stephen D. Royal . . . 2+4.1./713 Mildred Fleming Powell � . . .. 432/713 NOW, THEREFORE, the said partles of the first part, for and in consideration of the sum of One Hunched Dollars ($100.00) and other va:.uable ca:::iderations to them J.^. 2--a-rid paid by the party of the second part, the receipt of which is hereby acknowledged ■ have given, granted, bargained and conveyed, and by these presents do hereby give, a grant, bargain and convey and confir unto the said party of the second part, its successors and assigns forever, that certain tract or parcel of land situated, ]� g 1 in and being a n Cape Fear 'township, New Hanover County. North Carolina, and being mor particularly described in Exhibit "A" attached hereto, which !s also incorporated herein by reference. THIS CONVEYANCE is wade sxxbaect to applicable zoni regulations and any elect telephone or similar utility easements of record ■ any existing easements, t recorded or unrecorded ovcx said premises, and excepting matters of survey. E TO HAVE AND TO HOLD the above gx and described premises, together with all and singular the rights, pr ivileges, easements, tents and PREPARED BY: WILLIAM L. BILL, II, Attorney at Law Wilmington,, North Cara. ina V oners Me eti `g 013 9 -8 -21 1 87 0 968 appurtenances thereunto belonging or in anywise appertaining, unto the said party of the second part, its successors and assigns, in fee simple forever. AND the said pasties of the first part, for their heirs, executors and administrators, do covenant to and with the said party of the second part, its successors and assigns, that they are seised in fee of the above granted and described premises, subject to the rights of way and easements hereinabove referred to, and that they have good right to sell and convey the name in fee simple; that the same are free and clear from any and all encumbrances, except as may be set forth herein, and that they will, and their heirs, executors and administrators shall, WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever, except that it is expressly under- stood by the parties hereto that the parties of the first part, for themselves, their heirs, executors and administrators, make no warranty as to the suitability of the property conveyed hereby for a sanitary landfill. IN TESTIMONY WHEREOF, the said parties of the first part have i hereunto set their hands and seals the day and year first above written. 6 r L�, ( SE.AL) - c.. T�Tr nr pt� t, OPT T_kase rta - _ A. a. PY r `1 t �.. ,� � (SEAL) �_ �- � r � - X, CE G. ROYAL u �lat�i 0 a� ( SELL) CAJU4ZN H. BUTLER . � s.. �{�• ?. SEAL) CHARLES A. ROYAL, JR. FAYE A.1 ROYAL ,t r L i �,€ k �:. > > :. , "_ •. _ _• ti ( SEAL) _ MILDRED FLEM1NQL F VML - y TC` (SEAL) RISE R. PEXXOTTp ,/ (SEAL) - MILDRED R. WSOH f4 4 (SEW - STEPHEN D. ROYAL r ( SEAL) PATR ICIA V . ROYAL F 7 oners Meeting 7/2013 9 -8 -22 BOOK ?AGE 1187 0969 ., 3 STATE OF NORTH CAROLINA, COUNTY OF SAMPSON. A! ® a Notary public in and for said County and State, do ere y certify that A. D. ROYAL and wife, CATHERINE G. ROYAL,, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and notarial seal. this !� day of TuAle , 1981. NOT R PugL - ,`�► 'rya � H y c o mmission expires: -■ `�, X 0 `t s- STATE OF NORTH CAROLINA, COUNTY OF r►r • 1, [:�� , a Notary Public in and for said' - County an State, do hereby certify that F.L�3I5E R. PEI}CO �O personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and notarial seal, this IZU day of tf , 1981. r : r u NOTARY P[IS La My commission expires: "CI ''t (SEAL) 5 s X,'l E OF t:OR I`H CAROLINA, couNT'f OF &..,, I, A a Notary Public in and for the said County and State, do h ereb y certify that mrLDRED R. SIMPSON personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. - ..RXJWXSS my hand and notarial seal. ■ this /C day of &n 1981. • A6 ;�ti r Lc a e 'If^ NOTARY PUBLIC 1 &pis suxn expires: STATE OF NORTH C- P- ROLINA COUNTY OF mmpSON. I, �r d wed a Notary Public its and for said County ah State, do er y certify that STEPHEN D. ROYAL and wife, PATRICIA V. ROYAL each personally appeared before me this day and ack.nowl -- edggd the due execution of the foregoing instrument for the uses and IT F10 iss10n ers Me e it /2013 9 -8 -23 Boar. POE - 4 purposes therein expressed. WITNESS m hand and notarial seal, N5TAK M commission expires: 7 (SEAL) this da of __11-rove 1981. ty PU 1C X STATE OF NORTH CAROLINA, COUNTY OF SARPSON. a Notary Public in and f or said Count and State, do hereb ceHiE that MILDR-ED FLEMING POWELL personall appeared before me this da and acknowled the due execution of the fore instrument for the purposes therein expressed. WITNESS m hand and notarial seal, this da of 1991. 115M M5 NOTARY PUBLIC M commission expires; -C 0 % (SEAL) STATE OF NORTH CAROLINA, COUNTY OF SAMPSON. 1'r ul'. rei • A A g k _�rt_j a Notar Public: in and for said Count and State, do hereb certi ffy that CARMEN H. BUTLER personall appeared before me this da and acknowled the due rexecution of the fore instrument for the purposes therein expresstad. .` t i►1�! • ryQ' . ® WITNESS m hand and notarial seal, this da of 4� 470 NOTARY P 4C M commission expires: Mve- ,Jt (SEAL) SV%TE OE' CjUROLINA COUNTY OF SAMPSON. (SEAL) F MO issioners Meet] 7�/2013 9-8-24 1 e. �elili darw , a Notar Public in and for said Count and - State,, d here _6y_certi that CHARLES A. ROYAL,, JR, and wife, ' FAYE B. ROYAL, each personall appeared before me this da and acknowl- ed the due execution of the fore instrument for the purpo therein expressed. W4V WITNESS m hand and notarial seal, this Ada of � \ @ � ;'� -9g�, r_ -PUBLIC - �- lk NOTARY •� M comission expires: r0 = ::: ■. :t� ' ;' 5 Z (SEAL) F MO issioners Meet] 7�/2013 9-8-24 EXHIBIT *A" 416.4 ACRES 87 097 � CAPE rEaix . JWNSu rID NEW HANO ER COUNTY PART OF FLEMING & ROYA.L TRACT BEGINNING at a point in the eastern 11 ne of U. S. Highway 421, said point being located from a small railroad spike at the intersection . of the centerline of the pavement of the north bound lane of U. S. 421 and the centerline of the 78 -inch corrugated metal pipe c::1.rert at Fishing Creek by the following courses: South 25 degrees 03 minutes 30 seconds east 1457.38 feet along and with the Centerline of the pave- - C went of said north bound lane; north 64 degrees 56 minutes 30 seconds east 75.0 feet at right anglas to said centerline to a paint in the eastern line of U. S. Highway 421; south 25 degrees 03 minutes 30 seconds .east along and with the eastern line of U. S. Highway 421 338.70 feet; south 25 degrees 55 minutes east along and with the eastern line of U. 'S. Highway 421 659.33 feet; south 27 degrees 32 minutes east along and with the eastern line of U. S. Highway 421 629.46 feet; and south 28 degrees 19 minutes east along and with the eastern line of U. S. Highway 421 1074.58 feet; running thence from said Beginning point along and with the said eastern line of U. S. Highway 421 north 28 degrees 19 minutes west 100.0 feet to a point; thence north 61 degrees 41 minutes east 600. feet to a point; thence north 28 degrees 14 minutes west 974.58 feet to a paint; thence north 27 degrees 32 minutes west 612.79 feet to a point; thence north 25 degrees 55 minutes west 641.88 feet to a point; thence north 25 degrees 03 minutes 30 seconds west 1031.96 feet to a paint in the southeast line of the N. U. Department of Transportation tract; thence with said southeast line north 29 degrees 22 minutes 30 seconds east 134 feet more or less to the high water line of Fishing Creek; thence with said high water line of Fishing Creek in an eastwardly and northwardly direction 3500 feet more or less to its intersection with the high water line of the Northeast Cape Fear River; thence with the h igh water line of said river in an eastwardly and sou thwa rdly direction 7700 feet more or less to a point, said point being located North 61 degrees 41 minutes east 5,184 feet more or less from the Point of Beginning; thence south 61 degrees 41 minutes west 5184 feet more or less to the Point of Beginning in the eastern line of U. S. Highway 421, containing 416.4 acres more or less. inissioners Mee ii /07/2013 -8 -25 9 -8 -26 5 o cstl 4�r o � RECORDE9 AND VEFOrIED '-qE8 E �A P. 'R= Eft ® 141 1 1946 RECISTEit OF OEEQS NEW flANCYER C Nd Franklin E . Martin. pit n � �.� ( Box Prepared by and wail to rankl n t t or � 3 1049, Wilmington, NC 28402. Unless shown by his signed certificate, o Q �'tlie preparer has not examined the title to the property. � a STATE OF N CAROLI WXVnA"MV nvwn COUNTY OF NEW RMOVER TH DEED OF CONVEYANCE made th � day of .Apri 1988, by and between A. DOUGLASS ROYAL, JR. and wil e, SHARON B. ROYAL; APRIL R. BISSETTE and husband, EDWARD W. BISSETTE; and A. DOUGLASS ROYAL, JR.,, APRIL R. BISSETTE and. CATHERINE G. ROYAL as Co Executors under the Will of A. DOUGLASS ROY'A I SR,. (d ; CABMEN M. BUTLER, Widower; CHARLES A. ROYAL, JR. and , wife, FAYE B. / ROYAL; MILDRED FLEMING POWELL, Widow; ELOISE R. PEIXOTTO, Widow, 141 MILDRED R. SIMPSON, W idow; and STEPHEN D. ROYAL and wife, PATRICIA V. ROYAL; Grantors, and NEW 33ANOVER COUNTY, a political subdivision of the State of North Carolina with an address of 320 Chestnut Street, Wilmington, North Carolina 28481, Grantee; W I T N E S S E T H: WHEREAS the Grantors are the owners of the lands hereinafter described as tenants in common in the following proportions A. Douglass R oyal, Jr. . . . . • . . a . * . 31.1/713 April R. Sissette . . . . . . . . . . . . ■ . 31.1/713 Carmen M. Butler . . . . . . . . . . . 57.2/713 M M R. Simpson. r r i • • • • ■ ■ ■ r e s 57.2/713 E R. Pelxotto, r e r r a . . a . 57. 2/713 Charles A. Royal, Jr. _ _ 28.1/7 Stephen U. Royal a s . . . r ■ ■ w a . • a 19 Mi ldred Fleming Powell. . a . . . . . . . . NOW, THEREFORE, the Grantors, in consideration of ONE HUNDRED DOLLARS ($100.00) and rather valuable considerations, the receipt of w1iich is acknowledged, have given, granted, bargained and conveyed and by these presents do give, grant, bargain, convey and confirm unto the Grantee the parcels of land situated in Cape Fear Township, New Hanover County, North Carolina, described on Exhibits "A" and "B" attached hereto. This conveyance is made subject to the fol lowing: 1. The lien of New Hanover County ad valorem taxes for 198 and subsequent years; 2. All existing highway, railroad, public utility and pipe line rights - of- -way and easements, recorded and unrecorded; and 3. All applicable zoning regulations and all other laws, rules and regulations of all local, state and federal governmental authorities. TO RAVE AND TO BOLD the properties together with all the rights, privileges, easement3, tenements and appurtenances appertaining to them, to the Grantee in fee s imple, subject to the above exceptions. And the Grantors, A. DOUGLASS ROYAL, JR., APRIL R. B I SSETTE , CARMEN M. BUTLER, CHARLES A. ROYAL r JR _ , MILDRED FLEMING POWELL, ELOISE R. PEIXOTTO, MILDRED R. SIMPSON and STEPHEN D. ROYAL, for themselves, their heirs, executers, administrators and assigns, uovenant with the Grantee that they are seized in fee of the properties, subject to tale above exceptions, and that they have good right to sell and convey them in fee s imple.- that the proper ties are free and clear from all enQumbrances; and that they warrant and defend the title to the properties against the Lawful claims of all persons. 9 -8 -27 3 1411 19g7 And the Grantors, SHARON B. ROYAL EDWARD W. BISSETTE, FAYE B. ROYALS and PATRICIA V. ROYAL, j oin in the execution of this Deed to convey their marital interests in the properties. And the Grantors, A. DOUG ASS ROYAL, JR. , APRIL R. BISSETTE and CATHER G. ROYAL, as Co Executors under the Last Will and Testame of A. DOUGLASS ROYAL, SR. (D ecease d) , join in the execution of this Reed in their representative capacities to convey the properties in as full a manner as they, as Co- Executors, are empowered to convey them. OF ...�_ Real estate -� STA f E -' ---- �` Exe,se T�►x L = =. - S 'rAsE o F k1B al Estate cise Tax 00 0-'pUNA 4 •0 P. Catherine G. Royal., U Individually and as Co-- Executor under the 'W.1.11 of A. Douglass Royal.(, Sr. (Deceased) itc R - r r"i bfiar XSEAl f r . r * w r Z XAMICE" /�A. - C ? , ! L (SEAL) cdr men M. But er � � Charles A. Royal Jr. { a ( S EAL Fay Royal. (SEAL) Mildred Fleming Powe4 Q -a L• f I i-�� (SEAL) ,, , , Eloise R. � Peaxotto (SEAL) Mildred R. Siin R 11 (SEAL) S eplien D. Ro al Z 9 -8 -28 IN TESTIMONY WREREOF the Grantors have signed and sealed this instrument the day and year stated above. r =e ( SEAT ) A. Dough s Ro a ■ STATF of r . Real Estate -- indivi•dually and as Co- Executor 4z O t RT C]LIN�. xCiSB f -- w under the Will of ., D oug las s Royal, Sr. (Decease ) MIS* ; „= 3 5 #. 50 . ..' 2. • ( SEAL) A l R. B r ssette. Individually and as Co- Executor under the Will of A. Douglass Royal., Sr,. (Deceased) OF ...�_ Real estate -� STA f E -' ---- �` Exe,se T�►x L = =. - S 'rAsE o F k1B al Estate cise Tax 00 0-'pUNA 4 •0 P. Catherine G. Royal., U Individually and as Co-- Executor under the 'W.1.11 of A. Douglass Royal.(, Sr. (Deceased) itc R - r r"i bfiar XSEAl f r . r * w r Z XAMICE" /�A. - C ? , ! L (SEAL) cdr men M. But er � � Charles A. Royal Jr. { a ( S EAL Fay Royal. (SEAL) Mildred Fleming Powe4 Q -a L• f I i-�� (SEAL) ,, , , Eloise R. � Peaxotto (SEAL) Mildred R. Siin R 11 (SEAL) S eplien D. Ro al Z 9 -8 -28 t u. i ., i } e J STAT OF NORTH MOLINA COUNTY OF WU= SAMP" eWn ?ns[ 1411 1948 (Qe.j-z'r S L ) Pair a v. Ray x �j a Notary Public, do-hereby certify a A. OU LASS ROYAL, JR. and wife, SHARON R. ROYAL each personally appeared before me this day and, being duly sworn, acknowledged the due execution of the foregoing instrument. This �_ day of April, 1988. 1 }� s s ion. expires rr f i E�;RES FEE. Wi 4. 1V9Z _11V EAL) 's ApUB 01i co a■ STATE OF NORTH CAROLINA COUNTY OF SA"SON A Z - 2 � 1 /Lf If Lary Public I + , a Notary Public, do- hereby certify th ' AP L R, 13ISSETTE and husband, EDWARD W. RISSETTE each personally appeared before me this day and, being duly sworn, acknowledged the due execution of the foregoing instrument. This day of April, 1988, ` ttt lfiti717 �#Ir� r �{��'{ •'' i �� sion expires Ads .. FAMES FEB. ;r U 4, 111 r w 1 • ti c rf STATE OF NORTH CAROLINA COUNTY OF SAMPSON I - Not � ublic I • r a Notary Public / % l a4- ' L) do hereby certify at. C UERINE . ROYAL each personally appeared before me this day and, being duly sworn, acknowledged the due execution of the foregoing instrument. This day of April, 1988. �3S �r $S1o�t] t'] p .res Lxc jRES FEB, If;�4"f 4. M2 c EAL r.. 3 MMMIC 9 -8 -29 A C 1 1 1949 fi e s STA TE UP NORTH CAROLINA COUNTY OF SAMPSON .AF , a Notary Pub do hereby certify 7hat N' M. BUTLER persona y appeared be fore me this day and, bey. duly sworn, acknowledged the due execution of the foregoing instrument. This day of April, 1988. fit asion expires R l �V � d EKHRES • � tr a U U� Kr t f ++�n r +A ■iNt r • f 1•r F..� �� 1 , �� ; 1�[ItlitlS =� STATE OF NORTH CAROLINA. COUNTY OF SA"SON 4:4 /�z ylt'e7 , ) a g; Nota P 1lc I , , a Notary Public, do Hereby certify at C E A. QY'AL, JR. and wife, FAYE B. ROYAL each personally appeared before me this day and, being duly sworn, acknowledged the due execution of the foregoing instrument. This day of April, 3.988. ^�a � y s `�ission expires: ' ' "'Yp "jet:,Ift �r c tary ubli.c STATE OF NORTH CAROLINA. COUNTY OF SA14PSON Notary otar Publi -c � � r do hereby certify that MILDR FLEMM.ING POWELL personally appeared before me this day and, being duly sworn, acknowledged the due execution of the foregoing instrument This day of April, 1988. ■ ly. +�' a R• ` / rte ` V� coumb ® j .9 expires: R ° "• y • a ° I sf ��F , ii■i 1 � a� I ! ~ f s - 4 6 Notary P E 9 -8 -30 This day of April., 1988. expires S � j ®u ■ �♦ f� qw k-4. S •fir � r� ' C �ir •af1� +E + STATE OF NORTH CAROLINA COUNT' of ALAMANCE (?4� &/ - XIX3,I/ Notary Public 1 / „ a Notary Public , do hereby certify fiat STEPHEN D. ROYAL personally appeared before me this day and, being duly sworn, acknowledged the due execution of the foregoing instrument. This day of April, 1988. Y m � i •, • •sw expires r 7: V ' �w .r�•►�� , °•K ray �: ,`tiS M 3, r Notary Public 5 9 -8 -31 S• °, �M 14 1 1 1 950 g STATE UP FLORI COUNTY of ..• }� � �:�..',.�. `� I Sharon S. Thomas � a Notary Publie do he.L c it f certify that ELO1SE R. PEIXOTTO personally appeared before me this day and being duly sworn, _ acknowledged the due execution of the foregoing instrument. • This day of April, 1988. r. + a ti .i♦ de r i • " ti �r. r f � { � � f r �� , ktt {�[ #r] �• i Notary Publ X U;Lvi �7�p e�€ Lwan E JUN 96 IM f r �'• ] ti w f i / w ~• /carat• � t \ •W STATE: OF NO TH CAROLINA MYNTY of 5 � r � cat Notary Public do hereby certify t at MILDRJED R. SIMPSQN personally appeared before me this day and, being duly sworn, acknowledged the due execution of the foregoing instrument. This day of April., 1988. expires S � j ®u ■ �♦ f� qw k-4. S •fir � r� ' C �ir •af1� +E + STATE OF NORTH CAROLINA COUNT' of ALAMANCE (?4� &/ - XIX3,I/ Notary Public 1 / „ a Notary Public , do hereby certify fiat STEPHEN D. ROYAL personally appeared before me this day and, being duly sworn, acknowledged the due execution of the foregoing instrument. This day of April, 1988. Y m � i •, • •sw expires r 7: V ' �w .r�•►�� , °•K ray �: ,`tiS M 3, r Notary Public 5 9 -8 -31 9 -8 -32 PAGE s 14 1 1 195 a i a EXHIBIT *A" Beginnin4 at a concrete right of way monument in the western Line of U . S . Highway 421, said monument marks the Seaboard Coast Line Railroad Tract (Book 7 at Page 10 8 ) , and the Fleming-Royal Point Peter Plantation tract; and runs thence along the dividing line between the said two tracts, South 53 degrees 46 minutes 50 seconds West 667.0 feet to a point; thence South 08 degrees 46 minutes 50 seconds bleat 336.80 feet to ar points thence North 88 degrees 19 minutes 40 seconds West 360.17 feet to a point; thence North 04 degrees 07 minutes 40 seconds Bast 350.0 feet to a paints thence South 83 degrees 2$ minutes 20 seconds West 300.0 feet to a point at the bottom of a levy; thence along the bottom slope of said levy North U4 degrees 23 minutes 20 seconds East 1796.37 feet to a point; thence South 84 degrees 04 minutes 40 seconds East 980.60 feet to a point in the western line of U. S. Highway 421; thence along said right of way South 02 degrees 35 minutes 30 seconds East 97.68 feet t.> a right of way monument; thence along said right of way South 02 degrees 35 minutes 30 seconds East 224.78 feet to a right of way monument thence along said western right of way South 02 degrees 18 minutes 40 seconds East 194.8 feet to a monument; thence South 10 degrees 02 minutes 50 seconds East 202.44 feet to a monument; thence South. 06 degrees 05 minutes 50 seconds East 202.68 feat to a concrete monument; thence South 06 degrees 24 minutes East 372.80 feet to the point and place of BEGINNING, and containing 44.1 acres, more or less, as shown on survey map entitled "Map for New Hanover County (5 0 Year Spoil Area Tract)n located in Cape Fear Township, New Hanover County North Carolina, dated March, 1988 by Stuart Y. Benson, Land Surveyor (RLS #L2675) . INCLUDED in the above tract is a 60 foot wide easement for the purpose of ingress and egress for the benefit of a tract of land conveyed to Hanover Industries, Inc. by deed recorded in Book 1166 at Page 1138, New Hanover County Registry. RESERVING, however, unto the GRANTORS, .a right of Way 1 5 feet i a width, to be used by them in common with the GRANTEE for ingress and egress and for pipeline installation to the Cape Fear River, the eastern line of said right of way being the eastern line of a 1.25 acre tract situated on the Gape Fear River (Book 1166 at Page 1138, New Hanover County Registry) and beyond, along the divid�.ng line between the Seaboard Coastline Railroad and the F leming - - Paint Peter Plantation Forth 08 degrees 46 minutes 50 seconds East a distance of 125.0 feet. AGMT 5 : 13 9 -8 -33 sodlu 'Pwpcv*�Y .WV Bouti 141 �f EXH IBIT O' B" Beginning at an iron pipe in the southern line of the New Hanover County Landfill 'bract east of u,s. Highway 421 as recorded in Book 1167 at Page 967, New Hanover County Registry, said beginning point being located north 61 degrees 41 minutes East 600.00 feet from the southwest corner of said Landfill Tract as described in said deed; and rums thence from the Point of beginning along the said southern line of the Landfill Tract north 63 degrees 41 minutes East 3084,1 feet to a point at the edge of a swamp: thence along the same line North 61 degrees 41 minutes East 1495 feet, more or less, to a point at the low water line of the Northeast Cape Fear River (the northeast corner of this tract) F thence along said 1OW water line of said river as it meanders to a point (a ties line being South 52 degrees 33 minutes 20 seconds East 2555.6 feet); thence along the Cape Industries northern line (formerly Hercules Incorporated, as recorded in Map Book 8 at Page g New Hanover County Registry) South 61 degrees 41 minutes Wiest 2131 feet more or less, to a point at the edge of a swamp: thence along the scarce line South 61 degrees 41 Minutes Vest 3497.27 feet to an iron pipe; thence North 28 degrees 19 minutes West 2330. feet to the point and place of BEGINNING, and containing 273 acres, more or less, as shown on map entitled 'Map for New Hanover County (273 At Fleming & Royal Tract) " located in Cape Fear Township, New Hanover County, North Carolina, dated March. 1958 by Stuart Y. Benson, Land Surveyor (RLS #L2675). 8 9 -8 -34 FOR REGISTRATION REGISTER OF DEEDS NEW NC 2646 JAN 25 03: 00 :19 PM 8K:5212 PG: 346-351 FEE: $20, 00 NC REV STRMP:$770.00 I � 1 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 7 7 '�� Tax Lot No. R02300- 001 - 018 -000 RETURNED Mail after recording to: This instrument was prepared by: D avi d G. Martin, Es q. of Smith Mo ore LLP 300 North Third Street, S uit e 301 Wilmington, North Carolina 28401 Brief description for the Index: Lot 3 13.854 acres Remainin Lands of 421 Partners THIS DEED made this ��'� day of T�"v'�''kY , 2008 by and between GRANTO 421 PARTNERS, LLG, a North Carolina limited liability company GRANTEE New Hanover County, a political subdivision of the State of North Carolina 230 Government Center Drive Wilmington, NC 28403 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context wITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant bargain, sell and convey unto the Grantee in fee simple all that certain lot or parcel of land situated in New Hanover County, North Carol an more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by reference. WILMINGTON 14674.1 Board of Commissioners Meetin 01/07%2013 9 -8 -35 The property hereinabove described was acquired by Grantor by instrument recorded in Book 1449, Page 784, New Hanover County Registry. To HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawfal claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Ad valorern taxes for the year 2008 and subsequent gears. 2. Enforceable easements, restrictions, and rights of way of record affecting title to the property conveyed herein. IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed the day and year first above written. 421 PARTNERS., LLC A North Carolina limited liability company By: William B. Fuller, Manager NORTH CAROLINA NEW i IANOVER COUNT 1, the undersigned Notary Public, certify that William B. Fuller personally came before nee this day and acknowledged that he is the Manager of 421 Partners, LLC, a North. Carolina limited liability company, and acknowledged the due execution of the foregoing instrument as the act of said companyt Witness my hand and official stamp or seal, AMANDA K HANIVOtV NOTARY PUBLIC NEW HANOVER COUNTY, NC 1 27 -2012 WILMINGTON 14674.1 rd this a:9 day of ;S'aytiupdrxp , 2008. Notary Public Type/Print Name: 6!Mah& Wa o My Commission Expires: - 2 Board of Commissioners Meeting 01/07/2013 9 -8 -36 Exhibit 14A" BEING all of Lot 3, containing 3.854 acres, more or less, as shown on that certain property survey entitled `Lot 3, Map Boob 49 at page 288" dated December 5, 2007 and prepared by G eolnnovation, PC, to which survey reference is made for a more particular description. SUBJECT TO a 10 -foot utility casement along and within the western property line of said tract adjacent to US Highway 421 as shown on said survey. WILMINGTON 14674.1 Board of Commissioners Meeting 01/07/2013 9 -8 -37 ATTACHMENT E COUNTY FLOOD MAP Board of Commissioners Meeting 01/07/2013 9 -8 -38 F z Da U� a� W A �O �O W z !0 ATTACHMENT F PARCEL TAX MAP ADJACENT PARCEL /OWNERS Board of Commissioners Meeting 01/07/2013 9 -8 -40 NEW HANOVER COUNTY TAX MAP FUTURE PARCELS FOR SOLID WASTE MANAGEMENT PROGRAM Board of Commissioners Meeting 01/07/2013 9 -8 -41 New Hanover County North Carolina Parcel Owners and Address (Wilmington N.C.) # Parcel# Owner Name Parcel Address 1 R01500 -441 -003 -000 PHILLIPS LEASING SYSTEMS LLC 5820 HWY 421 N 2 R01500- 001 -002 -002 BASF Corporation 110 Vitamin Dr 3 R01500 -001- 002 -001 BASF Corporation 5800 HWY 421 N 4 R01500- 002 - 001 -000 G LT Properties LLC ETAL 5604 HWY 421 N 5 801500- 002 - 001 -007 Pinnacle Trailors LLC 5510 HWY 421 N 6 R01500- 042 -001 -006 Phelps Truck Sales INC 5400 HWY 421 N 7 R01500- 002 - 003 -000 Phelps Truck Sales INC 5480 HWY 421 N 8 R01500- 002 - 004 -000 Phelps Truck Sales INC 5410 HWY 421 N 9 R01500- 002 -002 -000 Nowak & Warwick LLC 5316 HWY 421 N 10 R01500- 002 -001 -005 Nowak & Warwick LLC 5316 HWY 421 N 11 R01500- 402 -001 -404 Grice James Robert 5308 HWY 421 N 12 R01500 -002 -001 -003 Grice James Robert 5300 HWY 421 N 13 R01500- 002 - 001 -002 AG R Enterprises INC 5228 HWY 421 N 14 R02300 -001- 003 -000 J & D Real Estate LLC 5520 HWY 421 N 15 R02300- 001-018 -000 New Hanover County 5200 HWY 421 N 16 R02300- 001 - 017 -000 Tidewater Transit Co Inc 5124 HWY 421 17 R02300 -001 -- 019 -000 CurrieCreek Enterprises LLC 5096 HWY 421 N 18 R02300- 001 - 020 -000 CurrieCreek Enterprises LLC 5100 HWY 421 N 19 R02300- 001 - 021 -000 CurrieCreek Enterprises LLC 5104 HWY 421 N 20 802300- 001 - 013 -000 M U RRELL WILLIAM W J R CATHY G 5004 HWY 421 N 21 R02300- 401 -011 -400 M U RRELL WILLIAM W CATHY G 4920 HWY 421 N 22 R02300 -001- 012 -000 East Coast Partners 4910 HWY 421 N 23 802300- 001 - 410 -004 YTC Properties LLC 4900 HWY 421 N 24 R02300 -001- 009 -000 M e rrit Glenn D Cynthia M 4844 HWY 421 N 25 R02300- 041 - 015 -000 Ohio Valley Land Co LLC 4840 HWY 421 N 26 R02300- 001 - 005 -001 Tar River Investments LLC 4838 HWY 421 N 27 802400- 001 -001 -001 Union Carbide Ind Gases INC 4660 HWY 421 N 28 R02400 -041- 001 -041 Union Carbide Ind Gases INC 4660 HWY 421 N 29 R02300 -001- 007 -000 Grice James Robert 5235 HWY 421 N 30 R01500 -001- 002 -000 Cameron Bruce B Trustee 5401 HWY 421 N 31 R02300 -001 -002 -000 Jenkins Gas & Oil Co Inc. 5211 HWY 421 N 32 R02300- 002 - 001 -000 Carolina Power & Light Co 249 Sutton Lake Rd 33 R02300- 001 - 006 -000 Wilson Micheal L ETAL 4901 HWY 421 N Board of Commissioners Meeting 01/07/2013 9 -8 -42 ATTACHMENT G USGS MAP Board of Commissioners Meeting 01/07/2013 9 -8 -43 Board of Commissioners Meeting 01/07/2013 9 -8 -44 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating loo peak hour trips or more. The scope of the TM shall be determined by concurrence of the Planning Director, the ,1MIPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Special Use Permitting of County Landfill Property PROJECT ADDRESS 5210 US Highway 421 North, Wilmington, NC 28401 DEVELOPER /OWNER New Hanover County EXISTING ZONING I -2 Heavv Industrial GROSS FLOOR AREA * sq. ft. *No new structures are immediately planned. At a future point the existing structures may be relocated to provide for expanded landfill operation. NEAREST INTERSECTION Sutton Lake Road BEFORE PROPOSED PROJECT Average Daily Traffic (Date) 9,820 (2011) See Map attached LEVEL OF SERVICE (LOS) A ITE MANUAL TRAFFIC GENERATION ESTIMATE: x1TE Manual available at Planning Department USE AND VARIABLES: Landfill Expansion. No new traffic expected. (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 52 PM PEAK HOUR TRIPS 42 (Traffic generation of I00 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) (VALUES BASED ON SCALE AT THE LANDFILL- SEE ATTACHED GRAPHS) C. Ed Hilton, Jr. P.E. Person Providing Estimate Peak Hour estimate confirmed by Planning Department on (Date) M Board of Commissioners Meeting 01/07/2013 9 -8 -45 Wilmin MPG Updated: June 4, 20 10 WILMINGTON URBAN AREA Metropolitan Plannin Or Average Dai1v Traffic (ADT) Pa 1 of 3 2011 Avera Dail Traffic for Location 33 US Hi 421 North ad acent to New Hanover Count Landfill ( Green bubble on Photo is 9,820. 20. Source of Data - Wilmin Urban Area MPO Data. Board of Commissioners Meetin 01/07/2013 ® / /www.wmDo.org/trafficmaD.html 9-8-46 *Avera Dail Traffic ( number of cars per da is an avera of three weekda traffic counts, which are collected on Tuesda Wednesda and Thursda The WMPO uses tube counters, which use air pressure within a rubber tube to activate a counter box placed by the ed of the roadwa We are beta testin this mappin application and would love to hear y our feedback. NEW HANOVER COUNTY LANDFILL SPECIAL USE PERMIT APPLICATION TRAFFIC GENERATION FOR AM TRIPS AND PM TRIPS To develop an estimate of the trips generated at the landfill, the trip ticket records of vehicles crossing the scales was used to generate the estimate. The period evaluated is 01/03/2011 through 1 0/24/2012. A data base was developed and an hourly count was produced by the data base. The numbers are shown on the following graphs with the label in the upper left -hand corner indicating the beginning time of the hour increment shown on the individual graph. Specific results are: Peak AM 52 trips occurred on 05/01/2012 between 10 AM and 11 AM 1'�1MiU A I 42 trips occurred on multiple days (06/01/2012, 0410812011, 04102/2012) between 12 PM and 1 PM, 1 PM and 2 PM, and 2 PM and 3 PM, respectively, Note that other vehicles may have entered the site including staff and non -waste deliveries, however, these would not make a significant impact on the peak values. US Highway 421 has a level of service of over 60,000 trips, thus the peak values contributed and total trips are not a significant number. Board of Commissioners Meeting 01/07/2013 9 -8 -47 TIME 18 16 14 12 WO Sum of Count2 .... . ..... . Axis Title DATEIN Board of Commissioners Meetin 9-8-48 8/24/2011 8/25/2011 8/26/2011 Q) ~ 13 un Q 10 8 k I Axis Title DATEI N Board of Commissioners Meeting 9 -8 -49 TIME a) 4-j Sum of Count2 35 W 25 K11 R.", IT$, Axis Title DATEIN Board of Commissioners Meetin 9-8-50 ff 10FAV: 40 35 25 0) 4-0 20 Sum of Count2 "A J d-i kol Axis Title DATEIN Board of Commissioners Meetin 9-8-51 TIME 60 ce 40 a� ~ 30 Ln . 57< Q 20 its] Sum of Cou nt2 Axis Title DATEI N Board of Commissioners Meeting 9 -8 -52 TIME 10 60 NEI 40 30 LO Sum of Count2 pit, 10 0 Axis Title DATEIN Board of Commissioners Meetin 9-8-53 a) 4-j 25 20 W 10 Axis Title DATE IN Board of Commissioners Meetin 9-8-54 TIME 12 45 40 35 30 25 4-j p V) 20 15 10 Sum of Count2 Axis Title DATE IN Board of Commissioners Meetin 9-8-55 TIME 13 45 40 35 30 25 20 15 10 5 Sum of Count2 Axis Title DATE IN Board of Commissioners Meetin U1 W20101-1-11-11- 9-8-56 0 MMO TIME 14 45 40 35 30 25 cu 4-j 5 7 < 20 15 10 Sum of Count2 Axis Title DATE IN Board of Commissioners Meetin 9-8-57 t TIME 15 Sum of Count2 , +D 40 35 30 25 '57 20 15 1❑ 5 0 Axis Title DATE IN Board of Commissioners Meetin 9-8-58 TIME 16 Q) 4-j p LO 57 35 "$I N9 Sum of Count2 "Au 10 Axis Title DATEIN Board of Commissioners Meetin 9-8-59 TIME 17 Sum of Count2 7-1 1.1 61*1 4 aj 4-j tc 'ere 0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 7, 2013 REGULAR ITEM: 10 DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of New Hanover County Board of Education's Request for a School Resource Officer to be Placed in Every Elementary School BRIEF SUMMARY: The New Hanover County School Board has made a request for the New Hanover County Board of Commissioners to fund a school resource officer in every elementary school. The New Hanover County Sheriff and the County Manager's Office have discussed the request and have worked to develop a plan to move forward. Staff will present a collective set of ideas for the Board of Commissioners to consider. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: Letter from Board of Education COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) A recommendation will be offered at the meeting. COMMISSIONERS' ACTIONS: A short -term collaborative solution based on Option 2A was approved 5 -0 to provide security for the remainder of the current school year. Board of Commissioners Meeting 01/07/2013 10 -0 SUPERINTENDENT DR. TIM MARKLEY December 20, 2012 Chairman Woody White New Hanover County Commissioners 230 Government Center Drive # 130 Wilmington, NC 28403 Dear Chairman Woody White: BOARD OF EDUCATION DONALD S. HAYES, Chairman JEANNETTE S. NICHOLS, Vice Chairman JANICE A. CAVENALIGH TAMMY J. COVIL LISA ESTEP DERRICK G. HICKEY, MD. EDWARD B. HIGGINS JR., Esq. In light the tragedy of Newtown, Connecticut the New Hanover County Board of Education met in a special Work Session on December 19, 2012. The primary topic of the meeting was school safety and the Board was briefed on our current practices and on potential areas of concern. New Hanover County Sherriff McMahon attended and when asked what he would recommend, he unequivocally called for a School Resource Officer (SRO) placed in every elementary school. He also indicated that he could have the SRO's in place by the end of next month. Based on his recommendation and the concerns of the Board of Education, we unanimously voted to endorse the recommendation and to ask the County Commissioners to provide the resources needed to make this possible. This would entail providing the necessary funding for the remainder of this year and to provide ongoing support into the future. In light of the tragedy of Newtown, Connecticut this action will provide an additional level of security for the children of New Hanover County. We as a community are defined by how we care for our most vulnerable. Nelson Mandela, former president of South Africa said it best: "Safety and security doesn't just happen, they are the result of collective consensus and public investment. We owe our children, the most vulnerable citizens in our society, a life free of violence and fear. " This action will send the message that New Hanover County is committed to ensuring that we are a community that values all children and will do what is necessary to ensure their safety. My colleagues and I await your response and look forward to working with you to protect the students of New Hanover County. Sincerely, �, qa�� Donald S. Hayes, Chairman New Hanover County Board of Education Board of Commissioners Meeting www.NHCS.net - 6410 Carolina Beach 19(00017,20Mrnington, NC 28412 - 910 - 254 -4280 - Fax 910 - 254 -4127 10 -1 -1